Bill Text: IL SB3005 | 2015-2016 | 99th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Park District Code. Requires park districts to determine if an applicant for employment has been convicted of (rather than convicted of or adjudicated a delinquent minor for) specified criminal or drug offenses listed in the Section within 5 years of the application for employment, or convicted of a felony within 2 years (rather than 7 years) of the application for employment. Removes several offenses from the specified criminal or drug offenses listed in the Section. Amends the Chicago Park District Act making the same changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 24-1)
Status: (Passed) 2016-08-22 - Public Act . . . . . . . . . 99-0884 [SB3005 Detail]
Download: Illinois-2015-SB3005-Engrossed.html
Bill Title: Amends the Park District Code. Requires park districts to determine if an applicant for employment has been convicted of (rather than convicted of or adjudicated a delinquent minor for) specified criminal or drug offenses listed in the Section within 5 years of the application for employment, or convicted of a felony within 2 years (rather than 7 years) of the application for employment. Removes several offenses from the specified criminal or drug offenses listed in the Section. Amends the Chicago Park District Act making the same changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 24-1)
Status: (Passed) 2016-08-22 - Public Act . . . . . . . . . 99-0884 [SB3005 Detail]
Download: Illinois-2015-SB3005-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Park District Code is amended by changing | ||||||
5 | Section 8-23 as follows:
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6 | (70 ILCS 1205/8-23)
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7 | Sec. 8-23. Criminal background investigations.
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8 | (a) An applicant for employment with a park district is | ||||||
9 | required as
a condition of employment to authorize an | ||||||
10 | investigation to determine if
the applicant has been convicted | ||||||
11 | of any of the enumerated criminal or drug offenses in | ||||||
12 | subsection (c) or (d) of this Section , or adjudicated a | ||||||
13 | delinquent minor for , any of the enumerated criminal or drug
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14 | offenses in subsection (c) or (d) of this Section , or has been
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15 | convicted, within 7 years of the application for employment | ||||||
16 | with the
park district, of any other felony under the laws of | ||||||
17 | this State or of any
offense committed or attempted in any | ||||||
18 | other state or against the laws of
the United States that, if | ||||||
19 | committed or attempted in this State, would
have been | ||||||
20 | punishable as a felony under the laws of this State. | ||||||
21 | Authorization
for the
investigation shall be furnished by the | ||||||
22 | applicant to the park district.
Upon receipt of this | ||||||
23 | authorization, the park district shall submit the
applicant's |
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1 | name, sex, race, date of birth, and social security number to
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2 | the Department of State Police on forms prescribed by the | ||||||
3 | Department of
State Police. The Department of State Police | ||||||
4 | shall conduct a search of the
Illinois criminal history records | ||||||
5 | database to ascertain if the applicant being considered for
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6 | employment has been convicted of any of the enumerated criminal | ||||||
7 | or drug offenses in subsection (c) or (d) of this Section , or | ||||||
8 | adjudicated a delinquent minor for , committing or attempting to | ||||||
9 | commit any of
the enumerated criminal or drug
offenses
in | ||||||
10 | subsection (c) or (d) of this Section , or
has been convicted of | ||||||
11 | committing or attempting to commit, within 7 years of
the | ||||||
12 | application for employment with
the
park district, any other | ||||||
13 | felony under the laws of this State. The
Department
of
State | ||||||
14 | Police shall charge the park district a fee for conducting the
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15 | investigation, which fee shall be deposited in the State Police | ||||||
16 | Services
Fund and shall not exceed the cost of the inquiry. The | ||||||
17 | applicant shall
not be charged a fee by the park district for | ||||||
18 | the investigation.
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19 | (b) If the search of the Illinois criminal history record | ||||||
20 | database
indicates that the applicant has been convicted of any | ||||||
21 | of the enumerated criminal or drug offenses in subsection (c) | ||||||
22 | or (d) , or adjudicated a delinquent minor for , committing or | ||||||
23 | attempting to
commit any of the enumerated criminal or drug | ||||||
24 | offenses in subsection (c) or (d), or has
been convicted of | ||||||
25 | committing or attempting to commit, within 7 years of the
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26 | application for employment with the park district, any other |
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1 | felony under the
laws of this State, the Department of State | ||||||
2 | Police and the Federal Bureau
of
Investigation shall furnish, | ||||||
3 | pursuant to
a fingerprint based background check, records
of | ||||||
4 | convictions or adjudications as a delinquent minor, until | ||||||
5 | expunged, to the
president of the park district. Any | ||||||
6 | information concerning the record of
convictions or | ||||||
7 | adjudications as a delinquent minor obtained by the president | ||||||
8 | shall be confidential and may only
be transmitted to those | ||||||
9 | persons who are necessary to the decision on whether to
hire | ||||||
10 | the
applicant for employment. A copy of the record of | ||||||
11 | convictions or adjudications as a delinquent minor obtained
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12 | from the Department of State Police shall be provided to the | ||||||
13 | applicant for
employment. Any person who releases any | ||||||
14 | confidential information
concerning any criminal convictions | ||||||
15 | or adjudications as a delinquent minor of an applicant for | ||||||
16 | employment shall
be guilty of a Class A misdemeanor, unless the | ||||||
17 | release of such
information is authorized by this Section.
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18 | (c) No park district shall knowingly employ a person who | ||||||
19 | has been
convicted, or adjudicated a delinquent minor, for | ||||||
20 | committing attempted first degree murder or
for committing
or | ||||||
21 | attempting to commit first degree murder, a Class X felony, or | ||||||
22 | any
one or more of the following criminal offenses: (i) those | ||||||
23 | defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
24 | 11-1.60, 11-6,
11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, | ||||||
25 | 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, | ||||||
26 | 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4 |
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1 | felony) , 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15, | ||||||
2 | and 12-16 of
the Criminal Code of 1961 or the Criminal Code of | ||||||
3 | 2012; (ii) (blank); those defined in the Cannabis Control Act,
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4 | except those defined in Sections 4(a), 4(b), and 5(a) of that | ||||||
5 | Act; (iii) (blank); those
defined in the Illinois Controlled | ||||||
6 | Substances Act; (iv) (blank); those defined in the | ||||||
7 | Methamphetamine Control and Community Protection Act; and (v) | ||||||
8 | any offense
committed or attempted in any other state or | ||||||
9 | against the laws of the
United States, which, if committed or | ||||||
10 | attempted in this State, would have
been punishable as one or | ||||||
11 | more of the foregoing offenses. Further, no
park district shall | ||||||
12 | knowingly employ a person who has been found to be
the | ||||||
13 | perpetrator of sexual or physical abuse of any minor under 18 | ||||||
14 | years
of age pursuant to proceedings under Article II of the | ||||||
15 | Juvenile Court Act
of 1987. No park district shall knowingly | ||||||
16 | employ a person for whom a
criminal background investigation | ||||||
17 | has not been initiated. | ||||||
18 | (d) No park district shall knowingly employ a person who | ||||||
19 | has been convicted of the following drug offenses, other than | ||||||
20 | an offense set forth in subsection (c), until 7 years following | ||||||
21 | the end of the sentence imposed for any of the following | ||||||
22 | offenses: (i) those defined in the Cannabis Control Act, except | ||||||
23 | those defined in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of | ||||||
24 | that Act; (ii) those defined in the Illinois Controlled | ||||||
25 | Substances Act; (iii) those defined in the Methamphetamine | ||||||
26 | Control and Community Protection Act; and (iv) any offense |
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1 | committed or attempted in any other state or against the laws | ||||||
2 | of the United States, which, if committed or attempted in this | ||||||
3 | State, would have been punishable as one or more of the | ||||||
4 | foregoing offenses. For purposes of this paragraph, "sentence" | ||||||
5 | includes any period of supervision or probation that was | ||||||
6 | imposed either alone or in combination with a period of | ||||||
7 | incarceration. | ||||||
8 | (e) Notwithstanding the provisions of subsections (c) and | ||||||
9 | (d), a park district may, in its discretion, employ a person | ||||||
10 | who has been granted a certificate of good conduct under | ||||||
11 | Section 5-5.5-25 of the Unified Code of Corrections by the | ||||||
12 | circuit court.
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13 | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; | ||||||
14 | 97-1150, eff. 1-25-13.)
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15 | Section 10. The Chicago Park District Act is amended by | ||||||
16 | changing Section 16a-5 as follows:
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17 | (70 ILCS 1505/16a-5)
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18 | Sec. 16a-5. Criminal background investigations.
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19 | (a) An applicant for employment with the Chicago Park | ||||||
20 | District is
required as a condition of employment to authorize | ||||||
21 | an investigation to
determine if the applicant has been | ||||||
22 | convicted of any of the enumerated criminal or drug offenses in | ||||||
23 | subsection (c) or (d) of this Section , or adjudicated a | ||||||
24 | delinquent minor for , any of the enumerated criminal
or drug
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1 | offenses in subsection (c) or (d) of this Section ,
or has been | ||||||
2 | convicted, within 7 years of the application for employment | ||||||
3 | with
the Chicago Park District, of any other felony under the | ||||||
4 | laws of this State or
of any
offense committed or attempted in | ||||||
5 | any other state or against the laws of
the United States that, | ||||||
6 | if committed or attempted in this State, would
have been | ||||||
7 | punishable as a felony under the laws of this State. | ||||||
8 | Authorization
for the investigation shall be furnished by the | ||||||
9 | applicant to the Chicago
Park District. Upon receipt of this | ||||||
10 | authorization, the Chicago Park
District shall submit the | ||||||
11 | applicant's name, sex, race, date of birth, and
social security | ||||||
12 | number to the Department of State Police on forms
prescribed by | ||||||
13 | the Department of State Police. The Department of State
Police | ||||||
14 | shall conduct a search of the Illinois criminal history record
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15 | information database to ascertain if the applicant being
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16 | considered for employment has been convicted of any of the | ||||||
17 | enumerated criminal or drug offenses in subsection (c) or (d) | ||||||
18 | of this Section , or adjudicated a delinquent minor for , | ||||||
19 | committing or attempting to
commit any of the enumerated | ||||||
20 | criminal
or drug
offenses in subsection (c) or (d) of this | ||||||
21 | Section , or has been
convicted , of committing or attempting to | ||||||
22 | commit , within 7 years of the
application for employment with | ||||||
23 | the
Chicago Park District, any other felony under the laws of | ||||||
24 | this State. The
Department of State Police shall charge the | ||||||
25 | Chicago Park District a fee
for conducting the investigation, | ||||||
26 | which fee shall be deposited in the State
Police Services Fund |
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1 | and shall not exceed the cost of the inquiry. The
applicant | ||||||
2 | shall not be charged a fee by the Chicago Park District for the
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3 | investigation.
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4 | (b) If the search of the Illinois criminal history record | ||||||
5 | database
indicates that the applicant has been convicted of any | ||||||
6 | of the enumerated criminal or drug offenses in subsection (c) | ||||||
7 | or (d) , or adjudicated a delinquent minor for , committing or | ||||||
8 | attempting to
commit any of the enumerated criminal or drug | ||||||
9 | offenses in subsection (c) or (d), or has
been convicted of | ||||||
10 | committing or attempting to commit, within 7 years of the
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11 | application for employment with the Chicago Park District, any | ||||||
12 | other felony
under the laws of this State, the Department of | ||||||
13 | State Police and the
Federal Bureau of
Investigation shall | ||||||
14 | furnish, pursuant to
a fingerprint based background check, | ||||||
15 | records
of convictions or adjudications as a delinquent minor, | ||||||
16 | until expunged, to the
General Superintendent and Chief | ||||||
17 | Executive Officer of the Chicago Park
District. Any information | ||||||
18 | concerning the
record of convictions or adjudications as a | ||||||
19 | delinquent minor obtained by the General Superintendent and | ||||||
20 | Chief
Executive Officer shall be confidential and
may only be | ||||||
21 | transmitted to those persons who are necessary to the decision | ||||||
22 | on
whether to hire the applicant for employment. A copy of the | ||||||
23 | record of
convictions or adjudications as a delinquent minor | ||||||
24 | obtained from the Department of State Police shall be provided | ||||||
25 | to the
applicant for employment. Any person who releases any | ||||||
26 | confidential
information concerning any criminal convictions |
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1 | or adjudications as a delinquent minor of an applicant for
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2 | employment shall be guilty of a Class A misdemeanor, unless the | ||||||
3 | release
of such information is authorized by this Section.
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4 | (c) The Chicago Park District may not knowingly employ a | ||||||
5 | person
who has been convicted, or adjudicated a delinquent | ||||||
6 | minor, for committing attempted first degree murder
or for | ||||||
7 | committing or attempting to commit first degree murder, a Class | ||||||
8 | X felony,
or
any one or more of the following criminal | ||||||
9 | offenses: (i) those defined in
Sections 11-1.20, 11-1.30, | ||||||
10 | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14, 11-14.3, | ||||||
11 | 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, | ||||||
12 | 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if | ||||||
13 | convicted of a Class 4 felony) , 12-7.3, 12-7.4, 12-7.5, 12-13, | ||||||
14 | 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of 1961 | ||||||
15 | or the Criminal Code of 2012; (ii) (blank); those defined in | ||||||
16 | the
Cannabis Control Act, except those defined in Sections | ||||||
17 | 4(a), 4(b), and
5(a) of that Act; (iii) (blank); those defined | ||||||
18 | in the Illinois Controlled Substances
Act; (iv) (blank); those | ||||||
19 | defined in the Methamphetamine Control and Community | ||||||
20 | Protection Act; and (v) any offense committed or attempted in | ||||||
21 | any
other state or
against the laws of the United States, | ||||||
22 | which, if committed or attempted in
this State, would have been | ||||||
23 | punishable as one or more of the foregoing
offenses. Further, | ||||||
24 | the Chicago Park District may not knowingly employ a
person who | ||||||
25 | has been found to be the perpetrator of sexual or physical
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26 | abuse of any minor under 18 years of age pursuant to |
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1 | proceedings under
Article II of the Juvenile Court Act of 1987. | ||||||
2 | The Chicago Park District
may not knowingly employ a person for | ||||||
3 | whom a criminal background
investigation has not been | ||||||
4 | initiated.
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5 | (d) The Chicago Park District shall not knowingly employ a | ||||||
6 | person who has been convicted of the following drug offenses, | ||||||
7 | other than an offense set forth in subsection (c), until 7 | ||||||
8 | years following the end of the sentence imposed for any of the | ||||||
9 | following offenses: (i) those defined in the Cannabis Control | ||||||
10 | Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a), | ||||||
11 | and 5(b) of that Act; (ii) those defined in the Illinois | ||||||
12 | Controlled Substances Act; (iii) those defined in the | ||||||
13 | Methamphetamine Control and Community Protection Act; and (iv) | ||||||
14 | any offense committed or attempted in any other state or | ||||||
15 | against the laws of the United States, which, if committed or | ||||||
16 | attempted in this State, would have been punishable as one or | ||||||
17 | more of the foregoing offenses. For purposes of this paragraph, | ||||||
18 | "sentence" includes any period of supervision or probation that | ||||||
19 | was imposed either alone or in combination with a period of | ||||||
20 | incarceration. | ||||||
21 | (e) Notwithstanding the provisions of subsection (c) or | ||||||
22 | (d), the Chicago Park District may, in its discretion, employ a | ||||||
23 | person who has been granted a certificate of good conduct under | ||||||
24 | Section 5-5.5-25 of the Unified Code of Corrections by the | ||||||
25 | Circuit Court. | ||||||
26 | (Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12; |
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1 | 97-1150, eff. 1-25-13.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
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